Terms of service

Terms of Service

Overview

Welcome to Catcher's Canvas! The terms "we," "us," and "our" refer to Catcher's Canvas. Catcher's Canvas operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Catcher's Canvas is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our Products

We have made every effort to provide an accurate representation of our products in our online store. Because every Catcher's Canvas item is handmade and/or personalized to order, please note that colors, sizing, and appearance may vary slightly from what is depicted, both due to the handmade nature of our products and due to differences in device screens and settings. See our Return & Refund Policy [LINK] for more detail on expected handmade variation.

We do not warrant that the appearance or quality of any product purchased will meet your expectations or be identical to what is depicted in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer, on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Catcher's Canvas reserves the right to accept or decline your order for any reason at its discretion — for example, if we are unable to fulfill a custom request as described. Your order is not accepted until Catcher's Canvas confirms acceptance, and we must receive and process your payment before your order is accepted.

Please review your order carefully before submitting. As described in our Return & Refund Policy [LINK], all sales are final once an order is placed, and we cannot guarantee cancellations, changes, or refunds after that point except as outlined in that policy (including a limited window to report order errors, and coverage for items that are damaged, defective, or incorrect).

In the event that we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy [LINK].

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Section 4 - Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, or handling.

Prices posted in our online store may differ from prices offered elsewhere, including any physical or third-party sales channels. We may offer promotions from time to time that are governed by separate terms; if there is a conflict between promotion terms and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all orders. You agree to promptly update your information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method for the purchase; (iii) charges incurred will be honored by your payment provider; and (iv) you will pay all charges incurred at the posted prices, including shipping charges and applicable taxes.

Section 5 - Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by the shipping carrier (USPS or any other carrier used for your order) or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. See our Return & Refund Policy [LINK] for our processing timeframes and how we handle carrier-related damage claims.

Section 6 - Intellectual Property

Our Services, including but not limited to all trademarks, designs, artwork, text, images, graphics, and the selection and arrangement thereof, are owned by Catcher's Canvas or its licensors and are protected by U.S. copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Purchasing a personalized item does not transfer ownership of the underlying design, artwork, or template used to create it. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Catcher's Canvas.

Catcher's Canvas's name, logo, and product designs are trademarks of Catcher's Canvas. You must not use these trademarks without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services are the property of their respective owners.

Section 7 - Optional Tools

You may be provided access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. Such tools are provided "as is" and "as available," without warranties of any kind, and we have no liability arising from your use of them. Use of any optional third-party tools is entirely at your own risk.

Section 8 - Third-Party Links

The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content of any third-party materials or sites, and we are not liable for any harm related to your access of them. Please review third-party policies carefully before engaging in any transaction with them.

Section 9 - Relationship With Shopify

[Note: this section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]

Catcher's Canvas is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Catcher's Canvas. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sale between you and Catcher's Canvas, including any injury, damage, or loss resulting from purchased products. You release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with Catcher's Canvas.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, available at [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, available at Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit may be transmitted to and shared with Shopify and third parties, potentially located in other countries, in order to provide services to you.

Section 11 - Feedback

If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and display such Feedback for any purpose, including commercial use. We are under no obligation to keep Feedback confidential, pay compensation for it, or respond to it.

You represent and warrant that you own or have rights to all Feedback you submit, that you have disclosed any compensation received in connection with it, and that it will not violate any third party's rights or contain unlawful, abusive, or malicious content.

Section 12 - Errors, Inaccuracies, and Omissions

Occasionally there may be typographical errors, inaccuracies, or omissions on the Services relating to product descriptions, pricing, shipping charges, transit times, or availability. We reserve the right to correct these and to change, update, or cancel orders based on inaccurate information at any time, including after you have submitted your order.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services to: violate any law or regulation; infringe on our or others' intellectual property; harass, abuse, or defame any person; transmit false or misleading information; send spam or unsolicited promotional material; impersonate any person or entity; or engage in conduct that restricts others' use or enjoyment of the Services or exposes us to liability.

You also agree not to: upload viruses or malicious code; reproduce, extract, or resell any portion of the Services; collect others' personal information; use bots, scrapers, or automated/AI tools to access the Services; or bypass any security or access-restriction measures we use. We reserve the right to suspend or terminate your account at any time if you violate these Terms.

Section 14 - Agents

This section ("Agent Terms") applies if you use, allow, or enable an "Agent" — any software that takes autonomous or semi-autonomous action on your behalf, such as an AI agent — to access or interact with the Services.

No Agent may access the Services unless it: (i) identifies itself as an Agent in all requests (e.g., via the user agent string "Agent/[agent name]"); (ii) does not conceal that it is an Agent or mimic human behavior to bypass verification measures such as CAPTCHAs; (iii) responds truthfully to any prompt asking whether it is a human or a computer; and (iv) does not circumvent any measure we use to control Agent access. We may limit, including through technical means, whether and how any Agent accesses the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services at any time, in our sole discretion, without notice, and you remain liable for all amounts due up to the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive.

Section 16 - Disclaimer of Warranties

The information on the Services is provided for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance on it is at your own risk.

EXCEPT AS EXPRESSLY STATED BY CATCHER'S CANVAS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.

Section 17 - Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CATCHER'S CANVAS, ITS OWNERS, AFFILIATES, AGENTS, AND SERVICE PROVIDERS — INCLUDING SHOPIFY AND ITS AFFILIATES — SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THEM, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO AN ORDER IS LIMITED TO THE AMOUNT YOU PAID FOR THAT ORDER.

Section 18 - Indemnification

You agree to indemnify, defend, and hold harmless Catcher's Canvas, Shopify, and our respective affiliates, owners, and agents from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising from: (1) your breach of these Terms; (2) your violation of any law or third-party right; or (3) your access to or use of the Services.

We will notify you of any indemnifiable claim; we may control the defense and settlement of such claims at your expense, but will not settle any claim requiring non-monetary obligations from you without your reasonable consent. You agree to cooperate in the defense of indemnified claims.

Section 19 - Severability

If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remainder will be severed without affecting the validity of the remaining provisions.

Section 20 - Waiver; Entire Agreement

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies referenced herein (including our Return & Refund Policy and Privacy Policy), constitute the entire agreement between you and Catcher's Canvas regarding your use of the Services, superseding any prior agreements or communications. Any ambiguity in these Terms will not be construed against the drafting party.

Section 21 - Assignment

You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent. We may transfer or assign these Terms without notice to you.

Section 22 - Governing Law

These Terms of Service and any separate agreements under which we provide you Services are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles. You and Catcher's Canvas consent to venue and personal jurisdiction in the state and federal courts located in Massachusetts.

Section 23 - Headings

The headings used in these Terms are for convenience only and do not limit or otherwise affect these Terms.

Section 24 - Changes to Terms of Service

We may update these Terms at any time by posting changes to our website. It is your responsibility to check periodically for updates. Your continued use of the Services after changes are posted constitutes your acceptance of those changes.